How do I modify when father is out of the country?

[ladybug_az]

What is the name of your state? Arizona

My son's dad and I have joing custody with a 50/50 time split. He makes more than me so in addition to having to pay all the daycare costs (per the child support agreement) I get a check for $26 every month.
The problem now is that he is on a military deployment overseas and therefor he has NOT been paying any daycare as he should be, I have our son ALL the time and I am still getting $26 a month. Needless to say this amount is just not cutting it. I know I can change the agreement, he has also had a few pay increases. I know what he makes not because he shared that information with me but because I printed a military pay chart off the internet. Is that and the copy I have of the military orders enough to warrant the change?
My main concern is getting credit for having my son 100% of the time all though the custody agreement says 50%.

 

[VeronicaGia]

What is the name of your state? Arizona

My son's dad and I have joing custody with a 50/50 time split. He makes more than me so in addition to having to pay all the daycare costs (per the child support agreement) I get a check for $26 every month.
The problem now is that he is on a military deployment overseas and therefor he has NOT been paying any daycare as he should be, I have our son ALL the time and I am still getting $26 a month. Needless to say this amount is just not cutting it. I know I can change the agreement, he has also had a few pay increases. I know what he makes not because he shared that information with me but because I printed a military pay chart off the internet. Is that and the copy I have of the military orders enough to warrant the change?
My main concern is getting credit for having my son 100% of the time all though the custody agreement says 50%.

You cannot retroactively modify a child support or custody order. You also cannot modify this when he is deployed.

 

[ladybug_az]

Can I do anything to recover the day care he is not paying? He will most likely be gone for a year and he just left, he did not give me much notice most likely so I could not change the support order before hand. Day care is $500 a month which I am now paying, he is not sending anything other than the $26 that is taken out of his pay and is not willing to part with anything more. He is upset because I will not share my son 50/50 with his new wife while he is gone, he even went to a lawyer who told him his new wife has no rights to our child while he is away. Why he needed a lawyer to tell him that I don't know.

 

[JETX]

Can I do anything to recover the day care he is not paying? He will most likely be gone for a year and he just left, he did not give me much notice most likely so I could not change the support order before hand. Day care is $500 a month which I am now paying, he is not sending anything other than the $26 that is taken out of his pay and is not willing to part with anything more. He is upset because I will not share my son 50/50 with his new wife while he is gone, he even went to a lawyer who told him his new wife has no rights to our child while he is away. Why he needed a lawyer to tell him that I don't know.

If he is not paying what is ordered, you can obtain payment through garnishment.
For more, go to: http://www.dfas.mil/money/garnish/

 

[nextwife]

JETX, he had 50% custody before deployment. There was no order beyond the $26 per month and no order for child care because it was a non-issue.

Poster, if his wife had been taking care of the child along with him, and still could 50% of the time, you wouldn't need child care. Why not try to continue that, then you would not have this financial dilemma.

 

[ladybug_az]

It is included in the support order that he must pay the child care, this is the only reason he was only ordered to pay $26 although he makes twice as much. Step-mom works more than I do and keeps my son's newborn half-sister in daycare 11 hrs a day. She is not even an option for a million reasons I won't even get into. Suffice it to say she is a terrible mother...I appreciate everyone's feedback. I called and spoke with a someone with the court where the support was first set up. She advised me to come in to submit a request to change the support order. I am taking a half day off work next week to go in. Hopefully I won't have too much trouble, but if I do I will most likely be seeking some government assistance in the meanwhile. A good friend advised me not to be ashamed because it's only due to the fact that HE is not caring for his responsibilities as HE should and I have always done the best for my son.

 

[LdiJ]

It is included in the support order that he must pay the child care, this is the only reason he was only ordered to pay $26 although he makes twice as much. Step-mom works more than I do and keeps my son's newborn half-sister in daycare 11 hrs a day. She is not even an option for a million reasons I won't even get into. Suffice it to say she is a terrible mother...I appreciate everyone's feedback. I called and spoke with a someone with the court where the support was first set up. She advised me to come in to submit a request to change the support order. I am taking a half day off work next week to go in. Hopefully I won't have too much trouble, but if I do I will most likely be seeking some government assistance in the meanwhile. A good friend advised me not to be ashamed because it's only due to the fact that HE is not caring for his responsibilities as HE should and I have always done the best for my son.

You may be able to get the daycare portion of the order garnished from his pay as well as the 26.00. Talk to them about that when you go in. If you have to get state assistance because he isn't paying the daycare like he is supposed to, the state is eventually going to go after him for reimbursement for that.